Understanding Workers' Compensation Benefits
Workers' compensation benefits are designed to take care of both your financial and medical needs after your on the job injury. From lost wages to medical bills, all Georgia workers have the right to fair and full benefits. At the Buford Law Office of Pam Waldorf, our attorney protects injured workers and their families, and works to make sure they receive those financial and medical benefits under the law.
Hard Work Deserves Compensation
Contact Pam Waldorf Today for a Free Initial Consultation
Medical Workers' Compensation Benefits
You always have the right to get the medical treatment you need for your injury.
In some circumstances, you can choose your own doctor. If for example, the employer does not have legal or valid panel available, or if they deny you medical treatment, then you can choose your own doctor. In other circumstances, you will need to at least start with the company doctor.
You have the right to select a doctor from the panel, and a one time right to change doctors on a panel provided by your employer.
You are always entitled to a second opinion, through another company doctor, but also with an independent evaluation from a doctor you choose as well, which they may have to pay for. This is very important to your claim, especially if the company doctor is not being fair to you or seems biased against your condition. The entire claim in workers’ compensation turns on the documentation of the medical treatment.
These decisions are very important not only to your medical treatment, but also to your claim. We will help you with these decisions, and to take whatever action is necessary to make sure you get proper medical care after your injury.
Financial Workers' Compensation Benefits
If you are unable to work because of your injury, you will receive weekly benefit checks for lost income during the time that the injury has you out of work.
The weekly income benefit is 66% of your gross average weekly wage. Your average weekly wage is calculated on the 13 weeks prior to the date of injury. Insurance companies will sometimes try to minimize the amount of weekly benefit paid by under estimating the amount of your average weekly wage. You are entitled to have all of your income included as part of your "average" weekly wage", including, for example, your overtime pay. If you are a seasonal worker, and your pay varies throughout the year, you are entitled to an average weekly wage that is calculated based on their yearly average. It is difficult enough to make ends meet on 66% of your pay, so make sure you do not lose out on any part of what you are entitled to receive. An experienced workers' comp lawyer knows how to maximize your benefits. We are here to make sure that you do receive the full amount in your weekly disability checks.
Permanent Disability Benefit
Permanent partial disability, or PPD, is also an income benefit injured workers are entitled to receive. The PPD benefit is due and must be paid after a worker is no longer eligible for the weekly lost wages benefit checks. It is usually paid after the worker has reached "maximum medical improvement". PPD is often given in one lump sum payment at this time.
The amount of this benefit payment is determined by a disability rating which is given by a doctor. Employer/Insurers may try to limit the amount of the PPD workers' compensation benefit you receive. The company doctor may issue a low disability rating. However, you are entitled to and should get a second opinion as to the disability rating from an independent doctor who is not on the company panel or chosen by the company. In some instances, this second opinion, known as the "IME or "Independent Medical Evaluation" must be paid for by the employer/insurer. There are important time limitations on getting this "free" IME, though, and you lose the right if you wait too long to exercise it.
Temporary partial disability, or TPD, is also an income benefit you are entitled to in certain instances. if you are missing a lot of time at work in order to receive proper medical treatment, or if you have returned to work but are earning less as a result of your injury, because you are on light duty, you can't work overtime, or you are missing a lot of time from work for medical treatment, for example, TPD will provide you with a check to compensate for your lost time and wages.
Contact Us
The workers' compensation process allows for full compensation in a number or ways. However, when injured workers are unaware of their choices, they often fail to get the full amount of the benefits they deserve. We can advise you of your rights and help you understand your options. Contact us today for a free initial consultation.
